McLaughlin v. Nahata, 2021 Pa. Super. LEXIS 486 (July 28, 2021) (Murray, J.), although a case from our intermediate appellate court, raises the very interesting question of indemnity between two different entities employing doctors found liable for negligence. The issue in this case is one of first impression. Since the context of the litigation was decided in the Pennsylvania Superior Court, there is a tendency by some lawyers to ignore it. However, most appellate cases in Pennsylvania are decided by the Superior Court, and very few, relatively speaking, ever see the sanctified doors of the Pennsylvania Supreme Court.

In McLaughlin, a $17 million verdict was entered in favor of McLaughlin against The Washington Hospital (hereinafter TWH). TWH is the ostensible employer of two physicians who provided medical treatment to Alyssa McLaughlin while she was a patient at TWH. The physicians were Jessie Ganjoo and Amit Nahata. The physicians were found to be at fault for causing catastrophic harm to the plaintiff. Dialysis Clinic was the actual employer of the physicians found to have malpracticed. TWH sought contribution and indemnity against Dialysis Clinic.